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Journal articles on the topic 'Punishment'
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1
Abulfat Hasanova, Sabahat. "Transmilli cinayət hüququnda cəzanın məqsədləri, tətbiq edilən cəzaların effektivliyi." SCIENTIFIC WORK 78, no. 5 (May 17, 2022): 125–33. http://dx.doi.org/10.36719/2663-4619/78/125-133.
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Punishment is a sanction imposed by the state in return for a crime committed. Punishment is a fact accepted as an undeniable necessity. Indeed, it is impossible to give up punishment in public life. Punishment is necessary for the maintenance of state and legal order. The qualities that must be meted out in a sentence are that it is lawful, concrete and measured, fair, humane and moral. Because punishment, like crime, can only be determined by law. It is inadmissible to impose an unjust punishment that infringes on human rights and dignity. This must be prevented. In addition, the punishment must be adapted to the identity of the offender to be punished. Therefore, the punishment should be divisible, not a fixed punishment, and thus the individualization of the punishment should be allowed. Key words: punishment, criminal law, theories of punishment, the purpose of punishment, the effectiveness of punishment Səbahət Əbülfət qızı Həsənova Transmilli cinayət hüququnda cəzanın məqsədləri, tətbiq edilən cəzaların effektivliyi Xülasə Cəza törətdilən cinayətin müqabilində dövlət tərəfindən tətbiq etdiyi sanksiyadır. Cəza danılmaz zərurət kimi qəbul edilən bir həqiqətdir. Doğrudan da, cəmiyyət həyatında cəzadan imtina etmək mümkün deyil. Cəza, dövlət və hüquqi nizamın davam etdirilməsi üçün zəruridir. Tətbiq edilən cəzada olması lazım olan keyfiyyətlər onun qanuni, konkret və ölçülü olması, ədalətli, insani və əxlaqlı olmasıdır. Çünki cinayət kimi cəza da ancaq qanunla müəyyən edilə bilər. İnsan hüquq və ləyaqətinə xələl gətirən ədalətsiz cəza tətbiq etmək yolverilməzdir. Bunun qarşısını almaq lazımdır. Bundan əlavə, cəza cəzalandırılacaq cinayətkarın şəxsiyyətinə uyğunlaşdırılmalıdır. Bu səbəbdən, cəza sabit cəza deyil, bölünə bilən olmalıdır və beləliklə, cəzanın fərdiləşdirilməsinə icazə verilməlidir. Açar sözlər: cəza, cinayət hüququ, cəza nəzəriyyələri, cəzanın məqsədi, cəzanın effektivliyi
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Fluharty-Jaidee, Jonathan T., Theresa DiPonio-Hilliard, Presha Neidermeyer, and Mackenzie Festa. "“Some people claim there’s a woman to blame”." Gender in Management: An International Journal 33, no. 1 (March 5, 2018): 30–49. http://dx.doi.org/10.1108/gm-04-2016-0085.
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Purpose The purpose of this study is to investigate gender-based punishment bias in the type and severity of punishments imposed on a male-dominated profession using the accounting profession as a proxy. Design/methodology/approach Data were hand-collected from the population of certified public accountants disciplined for violations of the Code of Professional Conduct. Disciplinary actions were obtained from the American Institute of Certified Public Accountant’s website. A total of 404 observations were obtained for the study over a five-year period from January 2009 through June 2015, comprising the population of the captured infractions committed during this time frame. Findings Women are punished more harshly than men for equivalent infractions; the disparity in punishment between women and men increases with the severity of the infraction. Originality/value This paper answers the call by Wren (2006) for an increased examination of workplace punishment’s relationship to gender using real-world scenarios and data. This study provides empirical evidence of the gender-based punishment bias, which calls into question the neutrality of workplace punishment as executed by a male-dominated profession.
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Putri, Selly Indah, M. Hairi Ihsan, and Elmiati Elmiati. "Reward and Punishment on Student's Motivation in Learning English at SMPN 2 Jujuhan Muara Bungo." Horizon 3, no. 2 (June 19, 2023): 147–60. http://dx.doi.org/10.22202/horizon.v3i2.6068.
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This study aims to determine the types of rewards and punishments used by teachers in learning English at SMPN 2 Jujuhan. The purpose of this research is to find information about what types of rewards and punishments are used by teachers. This research is a qualitative research with descriptive method. The participants in this study were one English teacher at SMPN 2 Jujuhan and students who received rewards and punishments from the teacher in the classroom. To collect data, researchers used instruments, namely observation checklists and interviews. Researchers obtained data on how the role of teachers in using the types of reward and punishment in the classroom, as well as conducting interviews with students who received rewards and punishments in the classroom as participants. Based on the data analysis, the researcher concluded that the English teacher at SMPN 2 Jujuhan used reward and punishment during English language learning. Of the 4 types of rewards and 2 types of punishment studied, the English teacher at SMPN 2 Jujuhan uses three types of rewards, namely: social rewards, token rewards, material rewards, while two types of punishment are used: presentation punishment, and removal punishment.
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Marhaban, Nawawi. "THE CRIMINALIZATION OF THE QUR'AN PERSPECTIVE AND IT’S CONTEXTUALIZATION IN INDONESIA." Jurnal At-Tibyan: Jurnal Ilmu Alqur'an dan Tafsir 6, no. 2 (December 30, 2021): 361–77. http://dx.doi.org/10.32505/at-tibyan.v6i2.3418.
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The Qur'an as the main source of law in Islam rules various kinds of criminal offenses and their punishments called Jarīmah. This is relevant to the purpose of God's laws implemented for the benefit and happiness of human beings. This article aims to present the discourse of Islamic criminal law in the Indonesian context. By using library research and content analysis as the analytical knife, this study found that the punishment in terms of the existence of texts in the Qur’an and hadith consists of two kinds. First, the punishments directly mentioned in the text are ḥudūd, qiṣaṣ, diyāt and kafarāt. Second, the punishment uncovered by the text is the ta'zīr punishment. Furthermore, there are four kinds of relations in the punishment, namely; 1) principal punishment, 2) substitute punishment, 3) additional punishment, and 4) complementary punishment. In this study, there are also ten acts that are able to be criminalized with threats of ḥadd and qiṣaṣ punishment, namely zinā, qażf (accusing zinā without evidence), ḥirābah (robbery), sariqah (theft), syurb al-khamr (drinking wine), maisir (gambling), riddah (apostasy), murder, persecution, and al-bugyu (rebellion).
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Stepashin, V. M. "Addition of punishments." Law Enforcement Review 6, no. 3 (September 18, 2022): 186–98. http://dx.doi.org/10.52468/2542-1514.2022.6(3).186-198.
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Introduction. They complete and specify the rules for assigning the final penalty for both single crimes and for the totality of crimes and sentences of the prescriptions of Articles 71-72.1 of the Criminal Code, the content of the provisions of which is much broader than the names of the articles themselves. The logical sequence of the presentation of regulatory requirements in these articles is flawed.The method and the basic algorithm for determining the final penalty when adding punishments. The final punishment for two types of plurality - the totality of crimes and sentences – is determined by the rules of Articles 69-72 of the Criminal Code, which establishes: (a) a method for determining the final punishment (absorption, full or partial addition); (b) a basic algorithm for determining the final penalty when adding punishments imposed for individual crimes; (c) differentiated limits of the final punishment.Rules for adding punishments. Article 71 of the Criminal Code details the rules for adding individual punishments, different in appearance: (a) by transferring to a single more severe type of punishment; (b) by their independent execution (thereby - only a complete addition).The proportions by which the replacement is made are chosen arbitrarily, and in some cases, contrary to the intention of the legislator, it is even possible to mitigate the punishment instead of tightening it. There is an obvious need for scientific substantiation of such coefficients, taking into account, at least, the political and social significance of deprivation and restrictions that determine the qualitative indicator of the repressiveness of punishment, their consequences (primarily legal and economic) both for the convict himself and for society, which is the subject of independent research. The legislator has not strictly observed the principle of the arrangement of types of punishments depending on their severity and severity. The problem lies in the fact that all the rules for the application of punishment (sentencing, replacement of punishment with a stricter one, release from serving a sentence) proceed from the presumption of an indisputable and accurate classification of punishments according to their severity. The above fully applies to the provisions of Articles 69-72 of the Criminal Code. Part 2 of Article 71 excludes the first stage of the addition of individual punishments, different in type, namely their transfer (recalculation) to another type of punishment. In such cases, independent execution of the relevant measures is provided. The legislator has avoided developing a set of rules defining the independent execution of punishments imposed by the court without bringing them to a single form. In fact, Part 2 of Article 71 of the Criminal Code presents only some special cases of this type of addition of punishments, but even they suffer from incompleteness.Addition of punishments with their independent execution. It would be preferable to reflect in Part 2 of Article 72 of the Criminal Code all the existing rules for the addition of individual punishments involving the independent execution of the measures-components: (1) additional punishments of different types; (2) basic and additional punishments of different types; (3) basic and additional punishments of the same type; (4) real for the execution of punishment and suspended sentence; real for the execution of punishment and punishment, the execution of which is postponed; two or more sentences with a suspended sentence; sentences with a suspended sentence and with a suspended sentence; (5) basic or additional punishments of the same type, if the characteristics of the repressiveness of the penalties determined by the court are fundamentally different, in particular, the consequences of evasion from serving the sentence.Conclusions. The current rules for adding and determining the final terms (sizes) of punishment are desystematized, fragmentary and do not always correspond to the elementary canons of legislative technique, their very presentation in the Criminal Code is rather chaotic. They do not fully take into account the peculiarities of the construction of the punishment system and its shortcomings, general and special rules for the appointment of punishments and other measures of criminal responsibility.
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Kibalnik, Alexei, Pavel Volosyuk, and Rustam Abdulgaziev. "Research of Criminal Punishment in Russian Dissertation Theses: Key Trends in 2010-2019." Russian Journal of Criminology 13, no. 5 (October 31, 2019): 825–36. http://dx.doi.org/10.17150/2500-4255.2019.13(5).825-836.
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The article aims to reveal key trends in the studies of the problems of criminal punishment based on the analysis of Russian dissertation theses in the past decade (2010–2019). The authors stress that the problems of punishment are «eternal» for Russian and Western doctrines of criminal law, although there is some difference in their research trends. The authors conclude that Russian doctrine preserves continuity in its definition of punishment as a major category of criminal law, as well as of its attributes and goals. In 1990–2000s there were some attempts to renounce the penal nature of punishment. In the past decades this «bias» has been overcome and practically all authors recognize the priority of the penal character (content) of criminal punishment. At the same time, the doctrine incorporated new ideas regarding the understanding of the goals of punishment, their hierarchy and the actual possibilities of achieving them. The authors note that the positive feature of the Russian doctrine is the substantiation of the «functional» theory of building a system of punishments in criminal legislation. On the other hand, researchers have come to a disappointing conclusion regarding the breach in the orderly structure of the system of punishments. The analysis of Russian dissertation theses has shown that in 2010–2019 most attention was focused on «final» punishments (capital punishment and life imprisonment), imprisonment for a certain period of time, some punishments not connected with the deprivation of liberty (limitation of liberty, obligatory work). The authors point out that there remains a discrepancy in the understanding of the legal nature, purpose and effectiveness of these types of punishment (primarily, capital punishment, which is preserved in criminal legislation).
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Ekhtiari, Hamed, Arian Behzadi, Morteza Dehghani, Ali Jannati, and Azarakhsh Mokri. "Prefer a cash slap in your face over credit for halva." Judgment and Decision Making 4, no. 7 (December 2009): 534–42. http://dx.doi.org/10.1017/s193029750000111x.
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Abstract We investigated how frequency and amount of punishment affect the decision making of Iranian subjects. In our first experiment, performing a computer-based Persian version of the Iowa Gambling Task (IGT), our subjects scored remarkably lower than their Western counterparts. Moreover, our subjects chose more frequently and more rapidly from decks that had less frequent but larger amounts of punishments in comparison to decks that had more frequent punishments with smaller amounts. In our second experiment, subjects did not differentiate between decks with the same frequency of punishment but with different punishment amounts. However, among decks with the same amount but different frequency of punishment, a significant preference was apparent towards decks with less frequency of punishment. Our results differ from previous studies, indicating a different strategy in risky decision making among healthy adult Iranian subjects, as they show low attention to the amount of punishment and are more concerned with the frequency of punishment.
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Antoniuk, Nataliia. "Differentiation of criminal responsibility of persons under age." Slovo of the National School of Judges of Ukraine, no. 4(33) (March 15, 2021): 76–87. http://dx.doi.org/10.37566/2707-6849-2020-4(33)-6.
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Differentiation of criminal responsibility of people underage is built based on decreasing of number of punishments which can be imposed on them, and decreasing the duration of these punishments. The feature of person underage also has an impact on peculiarities of exemption from criminal responsibility or punishment, on shortening the terms (statute limitation, criminal record etc.), on possibility of application of certain methods of influence under the Criminal code of Ukraine. Though, sanctions of the norms of the Special part of the Criminal Code are initially constructed to be applied to criminals older than 18 years. That’s why when norms concerning responsibility of a person underage are applied on sanctions of the Special part of the Code, the situations objecting to the primary idea of the legislator (to mitigate the punishment) occur. For instance, if the sanction contains several alternative punishments the court can`t impose some of them on the criminal underage due to normative restrictions. That’s why the judge sometimes is obliged to impose the most strict punishment, as the only one able for being imposed. Moreover, sometimes the court can`t impose any of the punishments, cause all of them can`t be applied to those younger than 18. The algorithm of mitigating punishment for criminals underage, proposed by the legislator, has lots of shortcomings. Sometimes the court has no choice but to impose absolutely defined punishment. Differentiation of criminal responsibility between different groups of people underage is imperfect as well. That’s why, it is necessary to widen the quantity of punishments, and decrease their borders proportionally in such a way, that differentiation of criminal responsibility among groups of people under 18 occurs. Punishments, which can be imposed by the court on persons underage must be restricted in proportional numbers, not absolute. It is reasonable to decrease by 20% for the age group of 16-17 years old and by 30% for the age group of 14-15 years old the upper limit of punishment, which is imposed on persons underage. These provisions must be applied while imposing either the main most strict punishment or alternative less strict main punishments and additional punishments. Keywords: differentiation of criminal responsibility, person underage, punishment, age category.
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Kudaybergenovna, Аmetova Nurjamal. "PROBLEMS OF EXECUTION OF ADDITIONAL PUNISHMENTS IN THE APPOINTMENT OF PUNISHMENT." International Journal Of Law And Criminology 03, no. 06 (June 1, 2023): 54–58. http://dx.doi.org/10.37547/ijlc/volume03issue06-09.
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The task of building a legal democratic state and forming a free civil society based on the development of a market economy enshrined in the Constitution of the Republic of Uzbekistan, it presupposes the need to develop the economic and socio-political spheres of our country, to further deepen reforms and the need to make certain amendments to the legislative sphere. Criminal punishment is established through criminal legislation in accordance with the will of the people of Uzbekistan. The inevitability of responsibility for crime is a specific way of influencing social processes in society by criminal law, which, in turn, regulates the morality of the individual. Therefore, this article will discuss the appointment of punishment and the factors affecting it. In particular, the problems of execution of additional penalties are mentioned in the appointment of a penalty.
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Ahmad, Nisar, and Muhammad Anees. "تعزیری جرائم کےلئے سزاکا قیام: ایک شرعی جائزہ." Al-Duhaa 1, no. 02 (February 25, 2021): 103–18. http://dx.doi.org/10.51665/al-duhaa.001.02.0035.
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Islam is the religion of peace. Islamic law describe a complete and comprehensive law of punishment for the eradication of crimes and maintenance of peace. According to Islamic law, the punishments can be classified under three main categories: Al-Hudud (fixed punishments), Al-qisas (Retaliation), and Al-Taazir (discretionary). Hudud means the punishment which has been specified in the Holy Quran and Sunnah and no individual or group has the right to amend or abrogate it. The second is Qisas, which means the equal retaliation of an aggression committed against the body of a person. The third Kind of Islamic legal punishment is Taazir, it means, a crime for which The Holy Quran and Sunnah have not fixed any punishment, instead, have left it to the discretion of the judges.
But in the recent era, many of the Muslim countries don’t leave the punishments of the penal crimes (Taaziraat) to the discretion of the Judges, each Muslim state restrict the rights of the Judge to give punishment at his own’s discretion, and legislating for the punishments of penal crimes (Taaziraat), and make the Judges abide by a particular measure of punishment for penal crimes (Taaziraat).
In this articles, we will analyze the above mentioned issue in the light of Islamic principles, that what, it is lawful for any Muslim state to legislate for the punishment of penal crimes or not?
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شریفی زیرکسار, حسین. "Sociological Analysis of Alternative Sanctions to Imprisonment in Afghanistan Criminal Justice System." ghalib quarterly journal 13, no. 2 (June 29, 2024): 121–45. http://dx.doi.org/10.58342/ghalibqj.v.13.i.2.7.
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Imprisonment is one of the criminal reactions, which is applied to establishment of social order and ensure justice. Alternative punishments of imprisonment were proposed as a result of the emergence of critical criminology theories in the 19th century and de-imprisonment theories. According to the theories of the abolitionist schools, the movements of de-imprisonment and international documents, the Afghan legislator has determined the alternative punishments of imprisonment as the main punishment in 2016. The novelty of the alternative punishment of imprisonment as the main punishment in the penal code and how it matches with the prevailing culture needs a research in this regard. The purpose of the research is to study the alternative punishments of imprisonment, its function in reforming the criminal and how it is accepted as a social phenomenon in the Afghan society. The question is, what is the function of alternative prison sentences from a sociological point of view? What is the feedback of alternative prison sentences in correction and rehabilitation of criminals? This research has been done in a descriptive-analytical way, using a library tool to collect data, in the criminal law of Afghanistan. The findings of the research are; The legislator has determined the alternative punishments of imprisonment for the first time in its modern form as the main punishment. As far as the alternative punishments of imprisonment have been implemented in the society, according to the punishment of imprisonment, it has played more effective roles in the part of reformingthe criminal. Chnging imprisonment to an alternative punishment during punishment shows the flexibility of the legislator regarding the criminals in order to provide the basis for their reformation. However, lack of strict monitoring of its implementation, lack of necessary tools and equipment for electronic monitoring, and lack of culturalizaion among judges to determine alternative punishments to imprisonment are among the problems in its implementation.
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Ullah, Muhammad Ikram, Sami ul Haq, and Badshah Rehman. "Punishment of Theft in Islam and Its Enforcement In Pakistan." Journal of Islamic and Religious Studies 5, no. 1 (June 30, 2020): 115–30. http://dx.doi.org/10.36476/jirs.5:1.06.2020.19.
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The Shari’ah classifies punishments into Ḥudūd, Qiṣāṣ, and Ta’zīr which aim to protect life, lineage, reason, property, and intellect in order to provide welfare and protection to the society. The Islamic system of punishments described different punishments on committing different crimes, i.e; murder, theft, adultery, intoxicant, blasphemy, and robbery, etc. The study concludes that in respect of Ḥudūd and Qiṣāṣ the power of the court is limited but in Ta’zīr punishments the court has wider power. The punishments that are described in PPC are not similar to punishments mentioned in Qur’ān. The Federal Shari’ah Court has supported the punishment of amputation of the hand against the crime of theft which is similar to the punishment of Qur’ān. Ḥadd punishment of theft in Pakistan is not implemented because the conditions i.e. at least two Muslim adult males eye-witnesses and Tazkiyah al-Shuhood (truthful person and abstain from major sins) are very difficult to fulfill to the extent that Shariah demands. Therefore theft in Pakistan is punishable with Ta’zīr punishment.
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Duff, Antony. "Retributive Punishment — Ideals and Actualities." Israel Law Review 25, no. 3-4 (1991): 422–51. http://dx.doi.org/10.1017/s0021223700010529.
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A consequentialist holds that systems of criminal punishment must be justified, if they can be justified at all, by their consequential benefits. It is a contingent fact, if it is a fact at all, that these benefits are most efficiently attained by a system of punishment, and by punishments which ordinary moralists would regard as just; and a thorough-going consequentialist must be ready in principle to justify punishments which many would condemn as unjust. A retributivist, on the other hand, insists that the justice of a system or instance of punishment is essential to its justification; and that the demands of justice cannot be reduced to those of consequential utility.Retributivist accounts of punishment come in a variety of forms: we must distinguish those who insist only that guilt is a necessary, not a sufficient, condition of justified punishment from those who insist that punishment must be fully justified by reference to a past offence; and amongst the latter we find various accounts of how it is that an offence justifies or requires punishment. But essential to any retributivist account is the claim that an adequate justification of punishment must cite not, or not only, its consequential benefits, but its relationship to a past offence: it is a non-consequentialist requirement of justice that punishment must be of an offender, for an offence; that only the guilty may be punished, and that the severity of their punishments should be limited, if not completely determined, by the seriousness of the offences for which they are punished.
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Gonzalez, Miriam, Christine A. Ateah, Joan E. Durrant, and Steven Feldgaier. "The Impact of the Triple P Seminar Series on Canadian Parents’ Use of Physical Punishment, Non-Physical Punishment and Non-Punitive Responses." Behaviour Change 36, no. 02 (March 26, 2019): 102–20. http://dx.doi.org/10.1017/bec.2019.7.
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AbstractPhysical punishment of children is linked to negative developmental outcomes. The widely used Positive Parenting Program (Triple P) promotes alternative responses to physical punishment. Data on the effectiveness of the Triple P Seminar Series is limited. In this study, Canadian parents’ reports of physical punishment, non-physical punishment, and non-punitive responses were compared before and after they attended the Triple P Seminar Series. Twenty-seven parents of children aged 2 to 6 years attended the Seminar Series and completed pre- and post-intervention questionnaires measuring the number of times they used various physical punishments, non-physical punishments, and non-punitive responses in the past month. Hypotheses were tested using univariate descriptive analyses, paired samples t tests, and Wilcoxon Signed Rank Tests. Parents’ reports of physical punishment decreased on only one of the four physical punishment items (shaking/grabbing) from pre- to post-intervention. Over the course of the Seminar Series, parents became more likely to emphasise rules and to punish their children by taking things away from them. The findings suggest that the Seminar Series has limited effectiveness in reducing physical punishments or increasing non-punitive responses. Further research on this question is needed.
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McCord, Joan. "Unintended Consequences of Punishment." Pediatrics 98, no. 4 (October 1, 1996): 832–34. http://dx.doi.org/10.1542/peds.98.4.832.
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Because punishments are intended to control children's behavior, many people assume that the major—and perhaps the sole—consequence of punishment is teaching children to behave as they ought. Yet the use of punishment is (I will argue) counterproductive. Furthermore, the use of punishment has additional unintended consequences. I will attempt to demonstrate how children perceive punishments and what those unanticipated consequences are. These illustrations rest on the nature of reasoning itself, although they are bolstered by empirical evidence. Although this conference is about the use of corporal punishment, most of what I have to say applies to using any type of punishment—including, of course, physical punishment. First, punishments give pain and therefore teach children that at least under some conditions, it is all right to give pain to others. The law of excluded middle asserts that things must be either of one class or not of that class. I believe this law is fundamental to rational thought. Even very young children come to understand it and can therefore reason that parents are either good or not good when they punish. Let me begin with the assumption that children believe their parents are good. If good people do good things, then if they punish, it must be good to give pain. If good people do bad things, then even if giving pain is bad, it is all right to do some bad things. That is, if a parent uses punishments, then either the parent is doing something right and it is right to give pain or the parent is doing something wrong and it is all right to do something wrong.
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Nguyen, Ngoc Kien. "Development and improvement of the punishment system in the context of Vietnam’s criminal legislation." Gosudarstvo i pravo, no. 8 (2022): 156. http://dx.doi.org/10.31857/s102694520017315-7.
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The article presents various opinions of scientists about the punishment system, and also considers the provisions of the punishment system of the criminal legislation of Vietnam. The main and additional types of punishments for an individual and a commercial legal entity are disclosed, as well as the general principles of imposing punishment in accordance with the provisions of the Criminal Code of Vietnam. The main directions of development and improvement of the system of punishments under Vietnamese criminal law through the introduction of Russian scientific achievements in this area have been determined.
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Michalski, Joseph H. "An Integrated Theory of Lethal Punishment: Social Geometry, Status Relationships, and the Dehumanization Process." Comparative Sociology 16, no. 2 (March 28, 2017): 248–83. http://dx.doi.org/10.1163/15691330-12341423.
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Punishment exists universally as a form of social control, spanning a continuum from the physically inconsequential to lethality. What explains observable variations in punishment, or lethal punishment as a form of social control? This paper builds upon Black’s pure sociology framework and Milner’s theory of status relations to argue that lethal punishment occurs mainly under conditions of marginalization, disruptions of the previous social geometries, and social polarization that characterize interpersonal encounters or inter-group relationships. These conditions facilitate the status degradation processes that lead to the dehumanization of the “other.” By the same token, such conditions do not often prevail in familial settings and hence lethal punishments are far less common than the lethality associated with other forms of moralistic violence and state-sanctioned punishments.
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Hakim, Adi Lukman, Erna Nur Faizah, Rizky Wahyudha Rosiawan, and Muhammad Ali Basyah. "BAGAIMANA REWARD DAN PUNISHMENT MEMBERIKAN PENGARUH TERHADAP KINERJA KARYAWAN?" Media Mahardhika 22, no. 3 (May 30, 2024): 548–59. http://dx.doi.org/10.29062/mahardika.v22i3.961.
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The development of the business world in the era of advanced globalization has led to higher business competition. The company conducts human resource empowerment to improve the performance of each employee and the company as a whole. PT Mycotech Agro Asia Ponorogo realizes that to improve the performance of its employees, the company must implement applicable rewards and punishments. The purpose of this study is to explain reward, punishment, and performance at PT Mycotech Agro Asia, analyze the effect of reward and punishment on PT Mycotech Agro Asia, and find the most important variables. This study involved 50 production employees, so all samples were taken from the overall population through the total sampling method. Multiple regression analysis was used to analyze the data. The results showed that reward and punishmet had a positive effect on performance at PT Mycotech Agro Asia Ponorogo partially and simultaneously. The coefficient of determination shows that PT Mycotech Agro Asia company benefits from the compensation and punishment variables with 88.8% of the acquisition value. Other variables that affect employee performance other than the variables in the study obtained 22.2% of the remaining value.
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Rahimzai, Hisamudin, and Naqibulla Mushfiq. "Ta’zir Punishment and Delegated Authority in Accordance with Islamic Jurisprudence and Afghanistan’s Enacted Laws." Integrated Journal for Research in Arts and Humanities 3, no. 5 (September 1, 2023): 1–14. http://dx.doi.org/10.55544/ijrah.3.5.1.
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Ta’zir punishment is the punishment of acts that do not have certain legal penalties, whether it is violating the rights of Allah (SWT), the rights of others, or the public interest. The legal basis of Ta’zir punishment is from the Holy Qur’an, the Prophetic Hadiths, the consensus of the Muslim community, and personal reasoning. In Islamic Sharia, there are many types of Ta’zir punishments, which range from advice up to execution, in consideration of the public order and interests of the community. In Ta’zir punishments, the determination of a sentence for the offender is subject to the authority and ability of the judge, and is specified in consideration of the interests and support of the community, along with the circumstances of the offense, the corrective effect of the sentence, and the character and criminal record of the offender. Many philosophies to legitimize disciplinary punishments, such as protecting humanity’s life and interests, reducing the magnitude of crime in society, and the correction and punishment of offenders are also incorporated. Ta’zir punishment has some unique characteristics, which include the indefiniteness of penalties, whereby the lawmaker’s authority and ability to punish is delegated to judges. Not only may the judge forgive the offender, but the personality and criminal record of the offender are also considered in determining the punishment. Because many people in Afghan society do not understand the concept of Ta’zir punishment, how they are applied, and how they are specified, so this Article is designed to help resolve these issues.
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Milani, Alireza, and Mehdi Rezaee Moghadam. "Functions of Alternative Punishments to Imprisonment in Reducing the Criminal Population of the State Prisons." International Letters of Social and Humanistic Sciences 44 (December 2014): 74–85. http://dx.doi.org/10.18052/www.scipress.com/ilshs.44.74.
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In accordance with the inefficiency of imprisonment punishments in reforming and rehabilitating the prisoners, also due to the criminal environment of the prisons, economic costs of the prison and damages caused by imprisoning the head of the household, contradiction with the principle of personal punishment, health and mental problems existing and the like, are some of the problems which have created serious challenges for the imprisonment punishments. Hence, attempts for employing other punishments as alternatives to the imprisonment punishment have drawn the attention of various countries and legal systems. Accordingly, today the Iranian criminal policy makers, in line with dis-imprisonment and prohibiting the indiscriminate use of imprisonment punishment have begun to enact a law in which a chapter has been assigned to alternatives of the imprisonment punishment and prediction of a half freedom system. This paper, while introducing and investigating alternative punishments of imprisonment in the Islamic Penal Code of 2013 concludes that not only is transparent and clear rules and regulations necessary in this area, but also a successful enforcement of these laws requires an appropriate culture building in the society. On the other hand, the issue of alternatives should be institutionalized among the judges.
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Milani, Alireza, and Mehdi Rezaee Moghadam. "Functions of Alternative Punishments to Imprisonment in Reducing the Criminal Population of the State Prisons." International Letters of Social and Humanistic Sciences 46 (January 2015): 39–50. http://dx.doi.org/10.18052/www.scipress.com/ilshs.46.39.
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Of imprisonment punishments in reforming and rehabilitating the prisoners, also due to the criminal environment of the prisons, economic costs of the prison and damages caused by imprisoning the head of the household, contradiction with the principle of personal punishment, health and mental problems existing and the like, are some of the problems which have created serious challenges for the imprisonment punishments. Hence, attempts for employing other punishments as alternatives to the imprisonment punishment have drawn the attention of various countries and legal systems. Accordingly, today the Iranian criminal policy makers, in line with dis-imprisonment and prohibiting the indiscriminate use of imprisonment punishment have begun to enact a law in which a chapter has been assigned to alternatives of the imprisonment punishment and prediction of a half freedom system. This paper, while introducing and investigating alternative punishments of imprisonment in the Islamic Penal Code of 2013 concludes that not only is transparent and clear rules and regulations necessary in this area, but also a successful enforcement of these laws requires an appropriate culture building in the society. On the other hand, the issue of alternatives should be institutionalized among the judges.
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Laurin, Kristin, Azim F. Shariff, Joseph Henrich, and Aaron C. Kay. "Outsourcing punishment to God: beliefs in divine control reduce earthly punishment." Proceedings of the Royal Society B: Biological Sciences 279, no. 1741 (May 23, 2012): 3272–81. http://dx.doi.org/10.1098/rspb.2012.0615.
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The sanctioning of norm-transgressors is a necessary—though often costly—task for maintaining a well-functioning society. Prior to effective and reliable secular institutions for punishment, large-scale societies depended on individuals engaging in ‘altruistic punishment’—bearing the costs of punishment individually, for the benefit of society. Evolutionary approaches to religion suggest that beliefs in powerful, moralizing Gods, who can distribute rewards and punishments, emerged as a way to augment earthly punishment in large societies that could not effectively monitor norm violations. In five studies, we investigate whether such beliefs in God can replace people's motivation to engage in altruistic punishment, and their support for state-sponsored punishment. Results show that, although religiosity generally predicts higher levels of punishment, the specific belief in powerful, intervening Gods reduces altruistic punishment and support for state-sponsored punishment. Moreover, these effects are specifically owing to differences in people's perceptions that humans are responsible for punishing wrongdoers.
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Lorens, D. V., O. V. Shtykun, and A. A. Kemeniash. "APPLICATION OF ALTERNATIVE PUNISHMENTS (IN DIFFERENT COUNTRIES OF THE WORLD)." Scientific Herald of Sivershchyna. Series: Law 2023, no. 3 (October 23, 2023): 49–60. http://dx.doi.org/10.32755/sjlaw.2023.03.049.
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The article examines the legal systems of European countries in terms of alternative punishments to deprivation of liberty. Legal systems of serving sentences mainly consist of criminal, criminal executive and penitentiary codes. It is they who determine the very system of punishments of the country, the procedure for serving punishments and the possibility of an alternative when choosing a punishment. Alternative punishments should be considered to be those that can replace imprisonment or restriction of liberty. An alternative such as probation is associated with restriction of freedom in Ukraine. Among the alternatives in other countries, fines are the most common. Fines are imposed for crimes for which damages can be compensated in monetary terms. But not all such consequences of criminal offenses can be changed to monetary compensation: this should be provided for in the criminal code. In addition, a widespread punishment abroad is the establishment of supervision in the form of probation. Such type of punishment as installation of electronic surveillance is widespread. The punishment consists in installing a means of electronic monitoring on the suspect’s body for a period of up to one year. Other types of punishments include: probation, other types of supervision, conditional sentence, conditional release from serving the sentence, treatment for alcohol or drug addiction, treatment of mental disorder. One of the similar Ukrainian punishments is community service, which is actively used as an alternative to imprisonment in Estonia and France. The author also points out the current problems associated with the implementation of the European alternative experience. Among them are martial law, the economic crisis, the workload of law enforcement officers, the presence of Soviet elements in certain types of punishments. Key words: alternative punishment, electronic control, electronic surveillance, supervision, deprivation of liberty, probation, fine.
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Saputra, Fadhlon, Muhammad Bin Abubakar, and M. Akmal. "The Reward and Punishment of the Civil Servants Apparatus In the Civil Service Police Unit and Wilayatul Hisbah Bener Meriah Regency." Malikussaleh Social and Political Reviews 1, no. 1 (November 18, 2020): 5. http://dx.doi.org/10.29103/mspr.v1i1.3136.
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This study examines the provision of rewards and punishments to ASN. The research objective was to understand how the process and impact of reward and punishment for ASN in Satpol PP and WH Bener Meriah Regency. The theoretical perspective used is the theory of public organizations, reward, and punishment, and the state civil apparatus. The research method used is qualitative. The results showed that the process of giving rewards and punishments was carried out in three stages: ASN inventory, priority scale creation, and decision making. The positive impact of giving rewards and punishments for ASNs in the Satpol PP and WH Office of Bener Meriah Regency is to increase work motivation and can help develop careers for ASNs. Whereas punishment has a positive impact on ASNs as a deterrent effect from repeating violations of duty and can improve their behavior at work which is then able to improve their performance in the future. The negative impact did not change the attitude/behavior of ASNs who were given punishment because they were annoyed at getting punished, or it could be said that ASN was not deterred by the actions of giving punishment by the leaders of Satpol PP and WH in Bener Meriah Regency.
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Siskahendriyetti09. "Comparing the Understanding of "Punishment" in Teacher- Student Relationships Based on Majors in Bukitinggi City: An Indigenous Psychology Study." CAUSALITA : Journal of Psychology 1, no. 4 (March 26, 2024): 73–80. http://dx.doi.org/10.62260/causalita.v1i4.80.
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Education gives students access to knowledge and information that has been collected and organized. Punishment is very important to change student behavior in a safe and orderly school environment. This study reveals the types of punishment and the impact of punishment on high school students using an indigenous psychology approach. This research was conducted on 430 high school students in Bukittinggi City. The method used is descriptive qualitative with an indigenous psychology approach, using an open-ended questionnaire with the stages of open coding, axial coding, and selective coding analysis. The results of this study found that the types of punishment that are preferred and make students not burdened are physical punishment, emotional punishment, and procedural punishment. The impact of punishment that is favored and makes students unburdened consists of academic risk, physical impact, and impact on relationships. The types of punishment that students dislike are physical punishment, emotional punishment, administrative punishment, and punishment that has a long-term impact. The impact of students disliking punishment in the form of threats to academics, threats to the self, risk of new negative behaviors, and social risks. The ways students avoid punishments they don't like include compliance, unexpected behavior, and camouflage/fiking.
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Wessling, Jordan. "Toughest of Loves." Journal of Analytic Theology 11 (October 25, 2023): 110–31. http://dx.doi.org/10.12978/jat.2023-12.091413220406.
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Some Christian theologians and philosophers maintain that God’s punishments are always (at least partly) motivated by redemptive love for those punished, even when these punishments are considerably severe (e.g., killings or damnations). However, advocates of such a conception of divine punishment face significant challenges. Perhaps most fundamentally, it is not entirely apparent how severe and loving features of divine punishment might be understood to fit together within a viable theological model. In this article this foundational issue is addressed. By culling resources from St. Gregory of Nyssa, the present aim is to proffer a contemporary model of divine punishment that naturally combines redemptive love for those punished with apparently harsh treatment.
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Черненко, Тамара Геннадьевна. "Some issues of replacing punishment with a more severe type of punishment." Vestnik Kuzbasskogo instituta, no. 1(46) (March 22, 2021): 91–98. http://dx.doi.org/10.53993/2078-3914/2021/1(46)/91-98.
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В статье на основе анализа норм уголовного и уголовно-исполнительного законодательства рассматриваются некоторые проблемы правового регулирования ответственности за уклонение осужденных от отбывания наказаний, не связанных с лишением свободы. Содержатся предложения по совершенствованию действующего уголовного и уголовно-исполнительного законодательства, регламентирующего замену наказания более строгим видом. Отмечается, что криминализация уклонения от наказаний, не связанных с лишением свободы, не соответствует общественной опасности допускаемых осужденным правонарушений. Злостное уклонение от отбывания (исполнения) таких наказаний должно влечь только замену назначенного судом наказание на более строгий вид наказания. Обосновывается вывод, что для случаев злостного уклонения осужденных от отбывания (исполнения) назначенных судом наказаний, не связанных с лишением свободы, должны быть предусмотрены правила замены наказания на более строгое с учетом только вида заменяемого наказания, независимо от того, назначено соответствующее наказание в качестве основного или дополнительного. Тhe article considers analysis of the norms of criminal and penal enforcement legislation devoted to legal regulation person’s liability for evasion of conviction from serving sentences not related to deprivation of liberty. The article contains proposals to improve the current criminal and penal enforcement legislation regulating the replacement of punishment with a more severe type. Criminalization of evasion of punishments which is not related to deprivation of liberty does not correspond to the public danger of offenses committed by convicted persons. Malicious evasion from serving (execution) of such punishments should only cause to the replacement of the punishment imposed by the court with a more severe type of punishment. As conclusion is drawn the thesis that malicious evasion from serving prisoners (execution) of the court-appointed punishments which is not related to deprivation of liberty should be related to model of punishment, regardless of the appropriate punishment as primary or secondary.
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Krainova, Nadezhda. "A New View on the Punishment System in the Conditions of Civilizational Transformation of Public Relations." Legal Concept, no. 1 (March 2023): 28–32. http://dx.doi.org/10.15688/lc.jvolsu.2023.1.4.
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Introduction. The progressive changes in the geopolitical situation and the resulting processes of transformation of social relations inevitably entail the need to revise the legal regulations in all areas. The sphere of criminal law regulation, in particular the institution of punishment, is no exception. The paper analyzes the effectiveness of various types of punishment listed in the Criminal Code of the Russian Federation, makes proposals for changing existing approaches, proposes a new model of the punishment system, and evaluates its prospects. Methods. In the course of the scientific research, dialectical, system-structural, analytical, and comparative legal methods are used. The published data of the judicial statistics of the Judicial Department under the Supreme Court of the Russian Federation and the statistics of the Ministry of Internal Affairs of the Russian Federation are analyzed. Results. The paper substantiates the author’s position on changing the current system of punishment, which provides for types of punishment that have not been applied for a sufficiently long period of time as well as duplicating other types of criminal law impact. Based on the study of the statistical data on the number of punishments imposed in the interval from 2000 to 2021, a diagram is presented that indicates the penological trends that should be taken into account in the process of building a new promising model of the punishment system in the Criminal Code of the Russian Federation. Conclusions. The author's vision of a promising model of the system of punishments is presented, including the reduction of existing types of punishments and focusing on punishments that provide for the impact on the convicted person by upbringing and real work aimed at reintegrating a person released from serving into society.
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Telefanko, B. "Ways to improve the enforcement of penalties and recurrence of criminal offenses." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 1(45) (December 14, 2020): 73–77. http://dx.doi.org/10.20535/2308-5053.2020.1(45).226500.
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The article analyzes the criminal law problems of execution of punishment in the form of apenalty, the reasons for evasion of convicts from paying a penalty, the role of the authorized body of the probation service. The author considers the relationship between non-payment of penalties and recidivism of criminal offenses, as well as proposes changes and additions to criminal and criminal-executive legislation. One of the features of punishment in the form of a penalty in comparison with some other types of punishment is that it can act as a punishment that can be replaced by another, and as a punishment that can be replaced by another punishment. Apenaltyis a very effective means of influencing those who have committed certain criminal offenses, primarily corruption and against property. The penalty is also one of the mildest types of punishment in relation to other types in the punishment system. In foreign countries, the fine is one of the most common types of punishment. The prevalence of fines in law and jurisprudence, methods of calculation, size, grounds and conditions of application were not unchanged and were ultimately determined by socio-economic, political, criminological and legal factors of specific historical periods. For Ukraine, this is especially important as a direction of state criminal policy.
Due to non-payment of fines by convicts and replacement of fines by courts with other punishments, as provided by the Criminal Code of Ukraine, despite the declared goal of humanization of punishments, the number of recidivists will increase and this may provoke an increase in convicts. In order to apply only voluntary payment of a fine, as provided by the legislation of Ukraine, the state and society must have a high level of trust in laws and public authorities and confidence that no illegal act will go unpunished. Therefore in the article changes are offered to the current legislation on implementation of punishment in the type of fine. But a fine cannot be seen as a means of redemption from punishment or a means of ruining the guilty. As political direction of our state is directed sdws eurointegration, accordingly under it our legislation must be tuned. Now the tendency of more humane relation goes to all spheres of activity, in particular and implementation of criminal punishments.
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Lešková, Lýdia, Lenka Haburajová Ilavská, and José García Martín. "Alternative Punishment as a Suitable Alternative to Imprisonment." Journal of Education Culture and Society 13, no. 2 (September 27, 2022): 39–54. http://dx.doi.org/10.15503/jecs2022.2.39.54.
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Aim. The philosophy of alternative punishment is based on keeping the convicted person free, while imposing a punishment that will act preventively against committing another felony. The paper focuses on perceiving the importance of alternative punishment as part of restorative justice, and on presenting the results of the questionnaire survey which aimed to identify the public´s preferences in the context of various forms of alternative punishments as an option, instead of imprisonment. Attention is paid to three alternative punishments, specifically: community service, house arrest, and monetary sentence (fine). Methods. The questionnaire survey aimed to find out what forms of alternative punishment are, according to the respondents, a suitable alternative to incarceration. The survey sample comprised of Slovak individuals (N=1078) aged from 16 years and older, thereof 31.3% men (N=337) and 68.7% women (N=741). Results. Based on the analysis of the data collected from the 1078 respondents´ answers to the individual questions in the questionnaire, community service was identified as the most favorable alternative to imprisonment, whereas the least preferences the respondents gave to the option of monetary fines. Conclusion. The concept of alternative punishment is understood as a form of punishment that fulfills the purpose of a sentence, without deprivation of freedom, but still guaranteeing the fulfilment of a court-ordered unconditional retribution. Compared to traditional forms of punishment, alternative methods of resolving judicial cases do not enforce repression and prefer the individual approach to punishing the accused (convicted) persons with emphasis on corrective aspects of alternative punishment. The results of the survey showed that the respondents strongly prefer one form of alternative punishment, namely the community service.
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Barker, Chris. "Dostoevsky and Education through Punishment." Review of Politics 80, no. 3 (2018): 463–86. http://dx.doi.org/10.1017/s0034670518000207.
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AbstractIn an important 1984 paper, “The Moral Education Theory of Punishment,” Jean Hampton argues that the practice of inflicting painful criminal punishments is justified only if punishment is morally educative. Hampton's suggestion forms the point of departure for this article on Dostoevsky'sCrime and Punishment. I show that Dostoevsky agrees with Hampton that punishment should aim at moral reform; however, Dostoevsky presents no evidence that self-punishment or legal punishment reliably cultivates respect for law, legal authority, oneself, or others as moral agents. Instead, Dostoevsky's post-Siberian writings are highly critical of Russian criminal justice, and emphasize that moral education comes through dialogue, reflection, and criticism. This highly individualized treatment may be experienced as painful, but it does not have to result from, and it may even be impeded by, legal “hard treatment.”
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Candra, Marli. "The Penology of Islamic Criminal Law: Reintroduction of Islamic Penology." AL-'ADALAH 15, no. 2 (January 24, 2019): 345. http://dx.doi.org/10.24042/adalah.v15i2.2783.
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The justification for punishment is an interesting topic and undying debate among the scholars. Those who in favor of traditional approach would state that punishment is retributive in nature, whereas the opposite party would declare that punishment is for future benefits either particularly for offender or society in general. In this article, the researcher will elaborate the penological approach of punishment in Islamic criminal law. This study applies a comparative analysis based on the qualitative approach to compare the concept of punishment and its justification in the modern penology as well as in Islamic perspective. The study finds out that the justification for punishment in Islam, which is mainly contained in the hudûd and qishâsh offenses, does not deviate from what is understood by modern penology. Islamic law provides harsher punishment for serious offenses, but at the same time, it also prescribes ways on how to reduce such punishments.
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Marzuki, Abdul Ukas. "THE CRIMINAL LAW SYSTEM IN INDONESIA FROM THE PERSPECTIVE OF PANCASILA." Journal of Social Research 2, no. 9 (August 14, 2023): 3154–61. http://dx.doi.org/10.55324/josr.v2i9.1345.
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Since the implementation of Law Number 1 of 1946, Indonesia's Criminal Code has witnessed continuous reforms in material criminal laws, formal criminal laws, and criminal law enforcement. These three components are interconnected, necessitating comprehensive reform. The 2012 Criminal Code Bill aimed at achieving sentencing goals and brought about three types of updates. The first type includes main punishments like imprisonment, cover-up punishment, supervision punishment, fine punishment, and social work punishment. The second type specifically entails the death penalty. The third type comprises additional punishments such as revocation of rights, confiscation of goods or invoices, judge's decision announcements, renewal of criminal sanctions for losses, and fulfillment of local customary obligations. Criminal punishment theories emphasize improvement and prevention from an instrumental perspective. Punishment serves as an instrument to achieve goals beyond itself, like rehabilitating offenders or protecting society. The nature of punishment must align with these objectives, rendering punishment valuable in the pursuit of those ends. However, instrumental theory also allows for alternative means if more efficient. For Indonesia, the essence of law according to Pancasila emphasizes godliness, humanity, unity, democracy, and fairness. Pancasila serves as an ethical benchmark for being a complete Indonesian human being, adhering to Indonesian laws, and guiding behavior toward others and the environment. As society evolves, the law must remain dynamic and adaptable to societal needs. An appropriate legal system in Indonesia should be grounded in the values and culture of the nation, particularly Pancasila, the nation's foundational philosophy. The national legal system must align with Pancasila's ideals to maintain harmony and justice in the Indonesian state.
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Ponyatovskaya, Tat'yana, and Aleksandr Kayshev. "Criminal Law Categories and Institutions: Correlation of Concepts and Functions." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2022, no. 2 (June 21, 2022): 148–53. http://dx.doi.org/10.21603/2542-1840-2022-6-2-148-153.
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The article deals with such concepts of criminal law as crime, punishment, and responsibility, their distinctive features, and their correlation with criminal law institutions. The authors believe that the categories of criminal law express its political foundations. However, without criminal law institutions, these categories would remain only legal symbols, and the political foundations would be empty declarations with no practical significance for each specific case of crime and punishment. The institutions of criminal law serve as criteria for assessing the legal significance of various factual circumstances and implement the provisions reflected in the main criminal law categories. Criminal law institutions can be classified depending on the category, e.g., crime, punishment, or responsibility, as well as on the political function, e.g., service institutions and intermediary institutions. Service institutes include belong to the following categories: Crime – a) guilt; b) stages of crime; c) multiplicity of crimes; Punishment – a) the system of punishments (Articles 44, 45, 88 of the Criminal Code of the Russian Federation); b) sentencing; c) exemption from punishment; Responsibility – a) the composition of the crime; b) circumstances excluding the criminality of the act; c) complicity; d) exemption from criminal liability. Intermediary institutions provide a link between the categories of crime and punishment: a) the imposition of punishment (including unfinished crime, complicity, multiplicity of crimes, i.e. institutions that serve particular categories); b) subsystems of punishments provided for in articles of the Special Part of the Criminal Code of the Russian Federation.
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Fuad, Misbahul. "Implementasi Reward Dan Punishment Di Pondok Pesantren Kalimantan Timur." Jurnal Tarbiyah dan Ilmu Keguruan Borneo 4, no. 2 (June 11, 2023): 155–64. http://dx.doi.org/10.21093/jtikborneo.v4i2.6645.
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Reward and Punishment is a very important element of management in education. Likewise, Islamic Education. The author will examine these two things in two Islamic boarding schools in East Kalimantan, namely Ibadurrahman in Tenggarong and Al- Mujahidin in Samarinda. This research will use field data with interview, documentation, and observation techniques. The validity of the data will be triangled over the data that has been obtained. The results of this study reveal that the process of granting rewards and punishments in the modern Islamic boarding school Ibadurrahman in giving punishment to students through several processes, starting from the warning in place, called to care until given punishment by the caregivers. The implementation of the punishment has its own officer. While in the Al Mujahidin Islamic boarding school in giving punishment to students starting from the warning, the summons to the security office until given the punishment while the process of providing direct punishment carried out in security based on the specified time.
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Indrawati, Inda, Marzuki Marzuki, Syafi’urrohman Syafi’urrohman, and Agung Rinaldy Malik. "Investigating the Effect of Reward and Punishment on the Student’s Learning Achievement and Discipline." Linguistic, English Education and Art (LEEA) Journal 4, no. 2 (March 3, 2021): 337–50. http://dx.doi.org/10.31539/leea.v4i2.1860.
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This study aimed to investigate the effect of reward and punishment on student achievement and discipline. This study used a descriptive qualitative approach with the sampling technique, namely purposive sampling. The data was collected using interviews and documentation and was analyzed qualitatively. The research results showed several rewards and punishment types contribute to the student's learning achievement and discipline. The types of rewards that contribute effectively to students learning achievement are praise, respect and material prizes, and a sign of appreciation. In contrast, types of punishments that affect the students learning discipline are physical punishment and inconvenient punishment. In conclusion, the effect of reward and punishment on student achievement and discipline, among others, increases student enthusiasm for learning, motivates students to maintain achievement, and makes students more disciplined in learning.
Keywords: Discipline, Learning Achievement, Punishment, Reward
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Brooks, Thom. "Is Hegel a Retributivist?" Hegel Bulletin 25, no. 1-2 (2004): 113–26. http://dx.doi.org/10.1017/s0263523200002044.
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Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says:[retributivism] justifies punishment in terms not of its contingently beneficial effects but of itsintrinsicjustice as a response to crime; the justificatory relationship holds between present punishment and past crime, not between present punishment and future effects.Punishment is given only to persons responsible for committing crime. In addition, the degree of punishment is set in proportion to the relative badness of the precipitating crime. Thus, retributivism can be understood as anindividualistictheory because the only relevant factors pertain solely to the individual criminal himself.The general attraction of Hegel's version of retributivism is that the punishments his theory is thought to endorse are commensurable in value with precipitating crimes, in contrast to the strict equivalence required by Kant's theory of punishment. As a result, Hegel's theory is praised both for being more acceptable to modern readers than Kant's so-called ‘pure retributivism’, as well as for being an ‘emphatically anti-utilitarian’ theory. Despite widespread agreement on these general features, it is hotly contested how exactly we are to understand the way in which punishment cancels crimes, and Hegel's difficult style has only served to make the controversy deeper. For example, Ted Honderich says: ‘A punishment is an annulment, a cancellation or a return to a previous state of affairs … All this, of course, is obscure. It is by Hegel’.
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Sarpekov, Ramazan Kumarbekovich, and Sattar Mukanovich Rakhmetov. "PROBLEMS OF BUILDING A SYSTEM OF PUNISHMENT IN THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 1, no. 68 (March 30, 2022): 43–50. http://dx.doi.org/10.52026/2788-5291_2022_68_1_43.
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Crime has a significant impact on the tranquility in society, on the quality of human life. Therefore, the State takes the necessary measures to counteract criminal offenses and combat crime. One of the important tools in this fight is punishment. In order for the application of punishment to be effective, it is necessary to apply it correctly. Unfortunately, the process of applying punishment is often accompanied by violations of the law and its principles, which negatively affects the effectiveness of the application of punishment. There are a number of reasons that do not allow increasing the effectiveness of punishment. One of them is the imperfection of legislation, including criminal legislation, the norms of which regulate issues related to punishment. It is known that the use of preventive measures has priority over other measures to counter criminal offenses (Article 4 of the Law of the Republic of Kazakhstan dated April 29, 2010 «On the prevention of offenses»). According to Part 2 of Article 39 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), the purpose of punishment is to prevent the commission of new criminal offenses by both convicted persons and other persons. Therefore, punishment is one of the important measures for the prevention of criminal offenses, generally playing an important role in countering criminal offenses. When imposing punishment, the court should be guided by the norms of the Criminal Code, which regulate the system and types of punishments, principles and basic rules of sentencing. The article analyzes the existing system of punishments, in which there are shortcomings. The ways of eliminating these shortcomings are indicated, while amendments and additions are proposed to the wording of a number of norms of the Criminal Code.
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Pyle, D. J. "The Economic Approach to Crime and Punishment." Journal of Interdisciplinary Economics 6, no. 1 (April 1995): 1–22. http://dx.doi.org/10.1177/02601079x9500600101.
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In the last twenty five years, economists have devoted considerable research effort to the study of crime and punishment. This article examines the contribution made by economists in two particular areas. First, the economic analysis of participation in criminal activity. Second, the design of “efficient” punishments for convicted criminals. The economic approach to crime and punishment assumes that criminals are rational individuals, who respond to incentives. Empirical analysis, undertaken by economists, tends to confirm this view. Several consequences follow from this, especially in relation to the structure of punishments for (related) crimes. In particular punishments need to be designed so that criminals choose less, rather than more, harmful acts.
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Scheid, Don E. "Constructing a Theory of Punishment, Desert, and the Distribution of Punishments." Canadian Journal of Law & Jurisprudence 10, no. 2 (July 1997): 441–506. http://dx.doi.org/10.1017/s0841820900001594.
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Punishment, by definition, involves the intentional imposition of some deprivation or suffering on individuals against their wills. On any moral view, there is a very strong presumption against doing this to people; so, if a society has an institution of punishment, some justification is needed. On the face of things, such an institution would seem to be an evil. What, then, is the justification for punishment? And once this question has been raised, related questions arise. Who should be punished and how severely? And what principle or principles should we use when setting up sentencing guidelines? Any adequate theory of punishment must provide some guidance, some useful headings, even if not a detailed chart, for answering these questions, among others.In this paper, I outline a theory of punishment that I believe best answers these sorts of questions. Inevitably, some parts are far sketchier than others; but within the general outline, the major focus is on the concept of desert and on the application of desert principles in determining the just allotment of punishments. This leads to a framework for constructing a crimes/punishments schedule for sentencing. Along the way, a number of lesser issues are discussed as well.
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Deryuga, Artem N., and Sergey N. Shaklein. "Administrative Penology: Modern Research Prerequisites." Administrative law and procedure 5 (May 13, 2021): 28–33. http://dx.doi.org/10.18572/2071-1166-2021-5-28-33.
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Administrative punishment is the most important legal “lever” to reduce the level of administrative tort. Hence, it is important to study the issue of increasing the effectiveness of administrative punishment and the formation of a special scientific directionadministrative Penology, the Central element of the subject of which is administrative punishment and those phenomena, events, facts, States and processes that form the legally fixed type and limits of administrativetort sanctions. The need for a comprehensive study of administrative punishment is associated with obtaining the most effective result, designed for the long term, by analyzing the effectiveness of the existing exclusively legal mechanism for the appointment and execution of administrative punishments and searching for reserves of administrative punishment, using the achievements of legal, sociological and psychological Sciences.
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Makhmudov, Sunnatjon. "SOME ASPECTS OF MITIGATING CIRCUMSTANCES IN CRIMINAL LAW." TSUL legal report 3, no. 2 (June 15, 2022): 49–54. http://dx.doi.org/10.51788/tsul.lr.3.2./xlat9168.
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This article examines the features of mitigating circumstances when imposing punishment and the issue of taking into account in the presence of special (special) rules for mitigating circumstances. The role and significance of the general principles of sentencing and the principle of imposing punishment in the appointment of punishments were have analyzed. At the same time, this article analyzes the practical significance of the circumstances mitigating punishment when imposing punishment by studying some of the circumstances mitigating punishment. Also, about the active repentance of the perpetrator of the deed, various and similar features of punishment with the appointment of a lighter punishment, as well as some theoretical and practical problems associated with their application in the appointment of punishment. In addition, this article discusses the features of extenuating circumstances sentencing and the issue of their consideration in the presence of special rules of mitigating circumstances. This article describes the specific features of sentencing with active repentance of the offender, various and similar features of punishment with the imposition of a milder punishment, as well as some theoretical and practical problems associated using them in sentencing. As a result of this article relevant recommendations have been developed and proposals for improving the criminal law of the Republic of Uzbekistan
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Kuzmin, Igor A. "Punishment as an object of scientific research: challenges and prospects." RUDN Journal of Law 27, no. 1 (March 26, 2023): 200–220. http://dx.doi.org/10.22363/2313-2337-2023-27-1-200-220.
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Is devoted to the study of the legal phenomenon of punishment from the perspective of the general theory of law. It argues the need for an integrated approach to identifying the most important characteristics of punishment, considering its historical roots, etymology of the term and development trends. Relying on dialectical methodology, the author examines the prerequisites for the formation of the social institution of punishment, starting with the emergence of the first taboo and/or prohibitions. The conclusion determines the universal nature of the phenomenon of punishment, which applies to any negative sanctions implemented as measures of legal responsibility in both public and private law. The work substantiates an increased relevance of the issue of adequate understanding of legal punishment in national and international law. Three groups of interaction of punishment with other legal phenomena (means) are differentiated; they are interaction with similar phenomena that include punishment (group 1), interaction with phenomena that functionally contribute to the consolidation and implementation of punishment (group 2) and interaction with phenomena that have an auxiliary effect on consolidation and implementation of punishment (group 3). The lack of consistency (unified strategy) in law-making and law enforcement decisions in relation to the system of punishments and its dynamics have been demonstrated. The institutional features of the system of punishments in the Russian Federation, subject to a general theoretical analysis, have been determined. Approaches to the definition of the legal meaning of impunity as an independent category of jurisprudence are considered. The author gives his point of view on the issue of the forms and content of impunity and substantiates the need for its further study. In addition to domestic and foreign doctrinal and reference publications, the provisions of international legal acts, national legislation and materials of judicial practice are used as a source base. The author formulates proposals regarding the directions for further research of the category punishment in the general theory of law.
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Faizin, Faizin, Fathor Rozi, and Ratna Sari. "Penerapan Metode Pembelajaran Reward and Punishmant dalam Melatih Child Psychology." FONDATIA 7, no. 1 (March 1, 2023): 12–26. http://dx.doi.org/10.36088/fondatia.v7i1.2894.
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This study aims to determine how the learning outcomes of the reward and punishment method, whether the provision of reward and punishment can improve the discipline and motivation of students and what forms of reward and punishment are given. This research uses a qualitative case study approach. This research is located in MI Ihyauddiniyah, Kecik Village, Besuk District, Probolinggo Regency, East Java. Sources of data obtained through observation and interviews. The resource persons in this study amounted to 6 people, namely the head of the Madrasa, 1 teacher, homeroom teacher for class V and 3 students. The application of the reward and punishment learning method at MI Ihyauddiniyah Kecik Probolinggo has a positive impact on students in terms of discipline and learning motivation. The forms of rewards applied at MI Ihyauddiniyah include; sincere compliment, memorial award, useful gift. The punishments applied at MI Ihyauddiniyah include: cue penalty, spoken punishment, corporal punishment.
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Благов, Евгений Владимирович. "НАКАЗАНИЕ БЕЗ НАЗНАЧЕНИЯ И СКРЫТЫЕ ФОРМЫ НАКАЗАНИЯ В УГОЛОВНОМ ПРАВЕ РОССИИ." Азиатско-Тихоокеанский регион: экономика, политика, право, no. 4 (December 27, 2023): 98–113. http://dx.doi.org/10.24866/1813-3274/2023-4/98-113.
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Criminal law gives the impression that punishment is an appointed measure, and besides, it is stated exhaustively. However, deeper analysis leads to the conclusion that punishment can be without appointment, and there are also hidden forms of punishment. Without the appointment of punishment, the unserved punishment is replaced by a more severe and lenient type of it. According to the level of deprivation or restriction of the rights and freedoms of a person, in essence, punishments are a judicial fine, monetary penalties, duties imposed on a probationer and a parolee, restriction of leisure and the establishment of special requirements for the behavior of a minor, his/her placement in a special educational institution of a closed type. The first two correspond to punishment in the form of a fine, the last one to imprisonment, the rest to restrictions of freedom. All this is not logical and requires elimination or transformation.
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Ermakov, Dmitry N. "The system of punishments in the People’s Republic of China not related to deprivation of liberty." Gosudarstvo i pravo, no. 11 (2022): 165. http://dx.doi.org/10.31857/s102694520022771-9.
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The system of applying non-custodial punishments is designed to help reduce the costs of applying a custodial sentence and is a trend of spreading the punishment of offenders by a method unrelated to detention. Correction by measures of public influence and injunction are important types of punishment, which are part of the system of punishments not related to imprisonment in the People’s Republic of China, effectively contributing to the re-education of offenders. Improving the system of correction of offenders through the use of public pressure measures and injunctive relief is of great importance for the implementation of non-custodial punishments.
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Kuzmin, I. A. "Objective Limits of the Institution of Punishment in the Context of the General Theory of Law." Actual Problems of Russian Law 18, no. 2 (January 19, 2023): 11–20. http://dx.doi.org/10.17803/1994-1471.2023.147.2.011-020.
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The paper is devoted to the examination of a general theoretical problem concerning understanding of the limits of the legal institution of punishment. The paper defines that from ancient times and the first sources of law to the present, punishments have been improved implementing their potential as means of intimidation, manipulation, elimination of harm, achieving justice and many other functions, striving for systematization. The study describes general patterns of the formation of the system of punishment. The author relies on the fact that the complex of legal norms, containing punishments as sanctions and elements of illicit acts as their hypothesys, constitute an independent intersectoral institution of punishment. The limits of the punishment show the degree of permissible interference of legal norms in the system of public relations, the limits of administrative (judicial) discretion, the limits of official interpretation of legal norms and systematization of legislation and improvement of law enforcement methods. Based on the analysis of doctrinal sources and jurisprudence, the author substantiates that the limits of the institution of punishment can be subjective (directly dependent on the will and actions of people, their associations, as well as on specific social relations associated with the subject of legal regulation) and objective (not related to subjective and implementing the true socio-legal purpose of punishment and related to the sphere of legal regulation). The author classifies and defines socially significant legal circumstances to be taken into account when establishing the objective limits of the institution of punishment. The conclusions are formulated.
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Мусалева, Анна Владимировна, and Владислав Витальевич Лечитский. "CONCERNING THE PLACE OF FREEDOM RESTRICTION IN THE SYSTEM OF PUNISHMENTS." Vestnik Samarskogo iuridicheskogo instituta, no. 3(39) (October 15, 2020): 137–41. http://dx.doi.org/10.37523/sui.2020.39.3.022.
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Такой вид наказания, как ограничение свободы, существует уже около двадцати четырех лет. Однако за все время его существования оно подверглось значительным изменениям, затрагивающим его сущность и цели назначения. Первые изменения в отношении данного вида наказания указаны в Федеральном законе от 27.12.2009 № 377-ФЗ, которые позволили суду начать назначать это наказание, что является положительным аспектом в рамках гуманизации уголовного и уголовно-исполнительного законодательства. Кроме того, изменилась тяжесть наказания, что должно было отразиться в ст. 44 Уголовного кодекса Российской Федерации, так как ограничение свободы ранее относилось к наказаниям, назначаемым только в качестве основного вида наказания, а после всех произошедших изменений оно занимает место среди так называемых «смешанных» наказаний. Однако на сегодняшний день существует пробел в иерархии наказаний. Поэтому необходимо исследовать, что представляет собой ограничение свободы как вид уголовного наказания после всех изменений законодательства, а также насколько правильное место оно занимает в системе наказаний. Such type of punishment as restriction of freedom has existed for about twenty four years. However, over the course of its existence, it has undergone significant changes affecting its essence and purpose. The first changes to this type of punishment are indicated in Federal law No. 377-FL of 27.12.2009, which allowed the court to start assigning this punishment, which is a positive aspect in the framework of humanizing the criminal and Penal legislation. In addition, the severity of the punishment has changed, which should have been reflected in art. 44 of the Criminal code of the Russian Federation, since restriction of liberty was previously referred to as a punishment imposed only as the main type of punishment, and after all the changes that have occurred, it takes its place among the so-called «mixed» punishments. However, today there is a gap in the hierarchy of punishments. Therefore, it is necessary to investigate what constitutes a restriction of freedom as a type of criminal punishment after all changes in legislation, and how well it occupies a place in the system of punishments.
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Lohvynenko, Ye S., and I. A. Lohvynenko. "Understanding of Punishment in the Philosophical, Political and Legal Doctrines of Ancient China." Law and Safety 72, no. 1 (March 26, 2019): 65–71. http://dx.doi.org/10.32631/pb.2019.1.08.
Full textAbstract:
Based on the analysis of the philosophical, political and legal doctrines of Ancient China – Taoism, Confucianism, Mo-tze’s guidelines, Mo-dze’s teachings, Legist and Orthodox Confucianism – the authors have demonstrated specific features of understanding the essence of punishment in the ancient Chinese society. The factors that influenced the establishment and development of the institution of punishment in China have been revealed. It has been noted that the specificity of the criminal legislation of the Ancient China was the fact that the reality of the threat to the current government was foremost taken into account while determining the punishment. The most dangerous were considered acts that threatened the ruler, less dangerous that threatened society. Therefore, all punishments can be divided into those that threatened the authority of government, and those that did not directly affect the interests of the ruler. The basic principles of implementing punishments have been defined.
The authors have concluded that the philosophical teachings of Ancient China had significant differences from many political issues, but were similar in understanding the role and purpose of punishment. For the most part, the use of punishment was united into a single system with rewards, which had one purpose: to centralize and strengthen the ruler’s power, to liquidate his political opponents, and to curb the disobedience of the people in all its manifestations. Consequently, punishment was considered as one of the methods of managing a society. It has been noted that there was no understanding about the law in the ancient world. Punishment did not become a separate institution. There was a gradual formation of the institution of punishment. Religion and the morale of those times greatly influenced on that process.
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Karzhaubaev, Serik Seitovich. "RETURNING TO THE SCIENTIFIC PUBLICATION OF SARPEKOV R.K., K.YU.N., RAKHMETOVA S.M., D.YU.N., PROFESSOR «PROBLEMS OF BUILDING A PUNISHMENT SYSTEM IN THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN»." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 2, no. 77 (June 28, 2024): 335–45. http://dx.doi.org/10.52026/2788-5291_2024_77_2_335.
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The punishment system provides for a number of punishments from less severe to more severe. All these types of punishments have their positive and negative aspects, which affect their effectiveness. The article attempts to investigate the effectiveness of restriction of freedom as an alternative to imprisonment. Foreign experience, which is based on the introduction of this type of punishment, differs in its essence and purpose. In foreign legislation, this approach is presented in the form of probation, which aims to correct the convict and his socialization. Probation in foreign legislation is a security measure, not a punishment. Therefore, when appointing probation, the court gives certain opportunities to avoid the use of a more severe type of punishment. In its purpose, probation is very similar to probation, which operates in national criminal law. Logically, the question arises about the expediency of applying restrictions on freedom, since there are other fairly effective means of combating crime, such as probation. The improvement of these mechanisms will make it possible to avoid the use of punishment in the form of restriction of freedom. Moreover, the exclusion of restriction of freedom as a form of punishment will solve a number of important problems. First, a correct understanding of the international experience in the use of probation, which is fundamentally different from the use of restriction of freedom as a form of punishment in Kazakhstan. Secondly, the exclusion of the corruption component, which consists in the possibility for the court to appoint restriction of freedom as a legitimate alternative to imprisonment. This is the problem of applying punishment that excludes the punitive element. Third, the expansion of the possibility for the use of probation as a sufficiently effective measure for the prevention of offenses. The similarity of restriction of freedom and probation makes it necessary to reconsider the question of the expediency of restriction of freedom.